Free Complaint - District Court of Delaware - Delaware

Case 1:08-cv-00476-SLR

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE CRS, LLC, a Washington Limited Liability Company, Plaintiff, v. JURY DEMAND NAPSTER, LLC, a Delaware Limited Liability Company, Defendant.

CASE NO.: COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff CRS, LLC ("Plaintiff"), hereby alleges as follows: I. 1. JURISDICTION AND VENUE

This is an action for patent infringement arising under the patent laws of the

United States, specifically 35 U.S.C. §§ 271 and 281. 2. 3. This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1332, and 1338(a). Venue is proper in this judicial district under 28 U.S.C. §§ 1391 and 1400(b). II. 4. THE PARTIES

Plaintiff is a Washington limited liability company with its principal place of

business in Seattle, Washington. 5. Plaintiff alleges that defendant Napster, LLC ("Napster") is a Delaware limited

liability company with its principal place of business in Los Angeles, CA. 6. Plaintiff is the owner by assignment of United States Patent No. 6,073,124

("`124 Patent"), which the United States Patent Office issued on June 6, 2000. This patent describes and claims the invention of Gnapathy Krishnan, John Guthrie and Scott Oyler entitled "Method and System for Securely Incorporating Electronic Information into an Online

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Purchasing Application." Plaintiff is the owner by assignment of the `124 Patent. A true and correct copy of the `124 Patent is attached hereto as Exhibit A. III. 7. 8. PATENT INFRINGEMENT

Plaintiff repeats the allegations of paragraphs 1 through 6. Defendant maintains websites, including a website called Napster

(www.napster.com) that is accessible over the internet. Defendant uses Napster and other websites and computer systems for conducting electronic commerce over the internet. Defendant has been infringing and continues to infringe the `124 Patent under 35 U.S.C. §271(a) by using without authorization a method of online purchasing digital music or other products through its Napster website and other websites, and by using computer systems for conducting electronic commerce which embody one or more claims of the `124 Patent. Defendant has induced customers and others to infringe under 35 U.S.C. §271(b) by inducing them to use methods and computer systems to conduct electronic commerce that embody one or more claims of the `124 Patent. Plaintiff alleges, on information and belief, that Defendant will continue to use such infringing methods unless restrained by this Court. 9. Even if Defendant's methods do not literally infringe the `124 Patent, they are

substantially similar to the inventions claimed in the `124 Patent such that, under the doctrine of equivalents, they infringe. 10. Defendant's acts of infringement have occurred in this district. Defendant has

offered for sale and has sold digital music or other products through infringing methods to customers in this district. Defendant has also offered for sale and sold digital music and other products through infringing computer systems which are in part located in this district.

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11.

Defendant has derived and will continue to derive and receive from the above-

alleged acts of infringement, profits and revenues in an amount that is not presently known to Plaintiff. Further, with respect to the `124 Patent, such acts of infringement were made with knowledge of one or more of the patents and were thus committed intentionally and willfully. By reason of the above acts of infringement, Plaintiff has been and will continue to be damaged in an amount to be determined at trial. 12. This is an exceptional case under 35 U.S.C. § 284. IV. DEMAND FOR RELIEF

WHEREFORE Plaintiff prays for relief as follows: A. B. That Defendant be adjudged to have infringed the `124 Patent; That Defendant and its officers, agents, servants, employees, attorneys and all

other persons acting in concert, participation or privity with it who receive actual notice of the order by a personal service or otherwise and Defendant's successors and assigns be permanently restrained and enjoined from directly or indirectly infringing the `124 Patent; C. For an accounting and award of damages by reason of Defendant's infringement

of the `124 Patent; D. For an award of prejudgment and postjudgment interest, exemplary damages and

costs against Defendant in accordance with 35 U.S.C. § 284; E. interest; F. That Plaintiff be awarded such other further relief as this Court may deem just, For an award of damages, punitive damages, attorney's fees and prejudgment

equitable and proper.

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V.

JURY DEMAND

Plaintiff demands a trial by jury of all issues which may be tried to a jury.

DATED this 30th day of July, 2008.

/s/ Michael Busenkell Michael Busenkell, Bar No. 3933 James M. Lennon, Bar No. 4570 A. Martina Tyreus, Bar No. 4771 WOMBLE CARLYLE SANDRIDGE & RICE, PLLC 222 Delaware Avenue, Suite 1501 Wilmington, DE 19801 Tel. 302.252.4320 AND Robert Rohde, WSBA No. 12809 ROHDE & VAN KAMPEN PLLC 1001 Fourth Avenue, Suite 4050 Seattle, Washington 98154-1000

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EXHIBIT A

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